Unit.B.2.1.
Forensic Psychiatrist
Australia |
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Canada |
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"Both the
legal and the forensic psychiatry system in many European
nations have been influenced significantly by the work of
Cesare Beccaria (1738-1794) and Cesare Lombroso (1836-1909)"
(Ciccone & Ferracuti, 1995, p. 449).
"In 1764,
Beccaria published Dei Delitti e Delle Pene (Crimes and
Punishments), which provided the first criminologic treatise
on punishment. In Beccaria's view, criminal acts were the
result of exercise of free will and required punishment
or penal sanctions" (Ciccone & Ferracuti, 1995,
p. 449).
"Beccaria
favored punishments aimed at public safety. However, he
opposed many of the punishments given those convicted of
crime. He described many of them as barbaric, especially
capital punishment. Beccaria was the originator of the classical
school of criminology"(Ciccone & Ferracuti, 1995,
p. 449).
"Lombrosa,
the father of criminal anthropology, may be viewed as the
forerunner of modern neuroanatomical, behavioral genetic
studies. Lombroso identified physical features that he believed
were characteristic of criminal man. And he established
the positive school of criminology which was characterized
by the assumption of determinism" (Ciccone & Ferracuti,
1995, p. 449-450).
International |
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United Kingdom |
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By 1899, legislation
empowered the home secretary to transfer prisoners who were
judged to be insane by two magistrates and two doctors to
asylums" (Polczyk-Przybyla & Gournay, 1999, p.
895).
United States |
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Note the impact
of two significant Americans in the forensic field in the
last 150 years, Isaac Ray's and Bernard L. Diamond.
"Isaac Ray
founded the discipline of forensic psychiatry in the United
States in 1838" (Quen, 1998).
"1838 -
Founding of American Forensic Psychiatry - Isaac Ray, a
31 year old general practitioner in Eastport Maine, who
had no formal schooling in law and no clinical experience
with insanity, published 'A Treatise on the Medical Jurisprudence
of Insanity'" (Quen, 1994, p. 1005).
"Isaac Ray's
book -'A Treatise on the Medical Jurisprudence of Insanity'
was the foundation for the defense of Daniel M'Naughten
who was tried for murder in England, in 1843, M'Naughten
was acquitted on the grounds of insanity" (Quen, 1994,
p. 1005).
"By 1905,
the authoritative work on forensic psychiatry in the United
States was contained in the fifth edition of Wharton and
Stille's 'Medical Jurisprudence' (Lloyd, 1905). The first
of three volumes written by James Henrie Lloyd, was devoted
to mental unsoundness'. As the definitive publication in
the field it was quoted and used in legal briefs over the
next 30 years" (Quen, 1994, p. 1008).
Focus Points
Reference
Chalke, F.C.R.,
Roberts, C.A., & Turner, R. E. (1995). Forensic psychiatry
in Canada, 1945 to 1980. Canadian Journal of Psychiatry,
40 (3) 120-124.
- Note the role
of some of the early forensic psychiatrists in Canada
(p. 121).
Quen, J.M. (1994).
Law and Psychiatry in America over the past 150 years. Hospital
and Community Psychiatry, 45 (10), 1005-1010.
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B - Forensic Psychiatry > Section B.2.0. Forensic Roles > Unit.B.2.1.
Forensic Psychiatrist
